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Motion to vacate dismissal of a chapter 13
Explan what happened and you can use the blurb below as some or all of your
authority:
*IV.*
*THE COURT SHOULD VACATE THE DISMISSAL
AS THE DISMISSAL WAS CAUSED BY COUNSEL'S OVERSIGHT, NOT*
*THE DEBTOR'S LACK OF DILIGENCE.*
With some specific exceptions not relevant here, Federal Rule of Bankruptcy
Procedure 9024 makes Rule 60 of the Federal Rules of Civil Procedure
(FRCP) applicable to bankruptcy cases. According to Rule 60, on motion
and upon such terms as are just, the court may relieve a party or a partylegal representative from a final judgment, order, or proceeding for . . .
(1) mistake, inadvertence, surprise, or excusable neglect; . . . , or (6)
any other reason justifying relief from the operation of the judgment. FRCP
60(b). Similarly, Section 105 of the Bankruptcy Code grants power to the
Court to issue any order, process, or judgment that is necessary or
appropriate to carry out the provisions of this title. The Supreme Court
ide
a procedure by which certain insolvent debtors can reorder their affairs,
make peace with their creditors, and enjoy a new opportunity in life and a
clear field for future effort, unhampered by the pressure and discouragement
of preexisting debt. *Grogan v. Garner*, 498 U.S. 279, 286 (1991).
In this case, vacating the dismissal of Ms. Xs case would carry
out the central purpose of the Bankruptcy Code to provide a fresh start to
the unfortunate debtor. Ms.
On Thu, Mar 17, 2011 at 12:46 PM, Joe wrote:
>
>
> Dear group mates:
> As result of a miscommunication, our office believed that a confirmation
> hearing was pushed to a later date. The truth was that the LAM motion was
> continued, not the confirmation hearing. As a result, I just discovered that
> the case was dismissed. I explained the facts to the trustee and she
> suggested that I file a motion to vacate the dismissal and she will not
> oppose the motion. This has never happened to me. If anyone has a sample of
> a Motion to vacate dismissal of a chapter 13 or a BK case number that has
> filed this motion, I would appreciate the info.
> Thank you in advance.
> Joe
>
>
>
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
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Explan what happened and you can use the blurb
IV.
THE COURT SHOULD VACATE THE DISMISSAL
AS THE DISMISSAL WAS CAUSED BY COUNSEL'S OVERSIGHT, NOT
THE DEBTOR'S LACK OF DILIGENCE
The post was migrated from Yahoo.
Just use the basic language as in any motion and explain what occurred. I would also create a proposed order and upload that. Be certain to send copies to the judge.
Jonathan Leventhal
Jonathan D. Leventhal, Esq.
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The post was migrated from Yahoo.
Dear group mates:
As result of a miscommunication, our office believed that a confirmation hearing was pushed to a later date. The truth was that the LAM motion was continued, not the confirmation hearing. As a result, I just discovered that the case was dismissed. I explained the facts to the trustee and she suggested that I file a motion to vacate the dismissal and she will not oppose the motion. This has never happened to me. If anyone has a sample of a Motion to vacate dismissal of a chapter 13 or a BK case number that has filed this motion, I would appreciate the info.
Thank you in advance.
Joe
The post was migrated from Yahoo.